Tag Archives: U.S. Bankruptcy Court

A Chapter 13 Trustee’s strong arm powers under § 544(a)(3) may defeat an unrecorded deed of trust, and in this case, no equitable remedies block the trustee’s powers and the Lynchburg U.S. Bankruptcy Court denies defendant creditors’ motions for summary ...

A debtor may not reopen her Chapter 7 bankruptcy case in order to enter into a reaffirmation agreement with her mortgage company, says a Roanoke U.S. Bankruptcy Court, but the court’s denial of her motion does not preclude her from ...

A debtor-member of an LLC whose individual bankruptcy petition was dismissed saw his economic and non-economic interests revested in the LLC and consequently his vote counted for authorization of the LLC to file a bankruptcy petition; the Lynchburg U.S. Bankruptcy ...

Although debtor may have agreed to pay creditor $1,700 from his tax refund to settle the creditor’s $25,000 claim, debtor’s failure to pay the settlement and decision to follow through on a threat to file a Chapter 7 petition do ...

In this Chapter 11 bankruptcy proceeding by a collection of entities that owns 75 acres near a Metro stop under construction near Dulles Airport, the Alexandria U.S. Bankruptcy Court says the banks with the security interests, not the creditor, have ...

A Richmond U.S. Bankruptcy Court denies debtors’ motion to set aside a foreclosure sale as a violation of the automatic stay in bankruptcy. After a Sept. 12, 2012 hearing, this court granted a motion to extend stay as to all ...

An Alexandria U.S. Bankruptcy Court recommends that the reference of this adversary proceeding now be withdrawn to the U.S. District Court, for a jury trial on the remaining issue in the case, defendant bank’s affirmative defense of good faith under ...

A Roanoke U.S. Bankruptcy Court says a Chapter 11 debtor does not have an exemption for a smaller IRA account that he cashed out and did not rollover prior to claiming any exemption, but he may exempt a larger IRA ...

A bank may pursue its complaint of nondichargeability against a Chapter 7 debtor who borrowed money for a dental lab allegedly by presenting false financial statements and spurious tax returns; as the Roanoke U.S. Bankruptcy Court rejects debtor’s plea of ...

A Roanoke U.S. Bankruptcy Court denies a Chapter 7 debtor’s motion for entry of default judgment avoiding a second deed of trust lien in favor of defendant bank on debtor’s residence, which exceeds the value of the property. Debtors’ counsel ...